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(영문) 인천지방법원 2018.02.09 2017고합677
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person operating "D (2 floor)," "E Taekwondo Sports Center (3 floor)," in Dongjak-gu Seoul Metropolitan Government, and the victim F (10 years of age), and victim G (10 years of age) is a pair of balls, and these are a relationship with the Defendant who has used the above games for a long time.

1. On May 20, 2017, the Defendant, around 19:30 to 21:30, committed an indecent act by putting the victim’s sexual organ part with the victim’s hand when intending to take place after taking the victim’s knife with the victim’s knife with the victim’s knife with the victim’s hand, and putting the victim’s sexual organ part with knife with knife with knife at knife at knife at knife at knife and with knife at knife at 3 times.

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

2. On May 20, 2017, around 19:30 to 21:30, the Defendant: (a) took part in the victim G and drinking game in the above E Taekwondo Sports Center (three floors); (b) taken the victim on knee knee knes of the Defendant; (c) continued to take part in the victim’s right-hand kne knebbbbs; (d) continued to take part in the Defendant’s knee knee kne; and (e) took part in the victim’s kne kne kne kne kbs; and (e) taken part in each victim’s kne kne

Accordingly, the defendant committed an indecent act against the victim under 13 years of age.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement made by G in stenographic records, stenographic records (victim F's statement), statements recorded in G (G) recorded in the recorded CDs (G), or statement made by F (F) recorded in the recorded video CDs (F);

1. Application of each forest statute;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act (the fact that a minor under the age of 13 is forced to commit an indecent act and the choice of each imprisonment) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 Section 2 and Article 50 of the Criminal Code [the sentence against the victim F with heavier penalty].

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